The Caffeinated Penguin

Posted By matt on March 26, 2008

Some months ago, I sent an email to Senator Schumer in opposition to S.1105, the Matthew Sheppard Local Law Enforcement Hate Crimes Prevention Act. Unfortunately, I don't have a copy of this email, since it was via form submission. However, the crux of it was that whether I beat and rob you because you are [black|gay|whatever] or because I simply want your money does not matter. The crime is still the same, and neither of these can be termed “mitigating” circumstances (because neither of them is defensive in nature). Thus, the crimes are equal. Senator Schumer's response and my criticism is behind the cut.

Dear Mr. Caron:

Thank you for contacting me to express your views regarding S.1105, the Matthew Sheppard Local Law Enforcement Hate Crimes Prevention Act. I understand your concerns and hope that this response will better clarify what S.1105 seeks to accomplish.

I think we can all agree that prejudice – and violence based on prejudice – has no place in our society. To restore a measure of equal protection under the law to members of persecuted minorities, this bill would create grant programs to give local law enforcement agencies added capabilities and support in fighting violent crimes based on prejudice, including religious prejudice.

I also believe that the bill is carefully drafted to avoid any First Amendment concerns. The bill specifically states that evidence of expression and association cannot be used at a trial unless this evidence is directly related to the crime being prosecuted. Therefore, individuals who had previously made derogatory statements towards a certain community could not be prosecuted under this statute unless there is evidence that their particular crime was directly motivated by hate. By including this limitation, the bill protects the freedom of speech.

The Matthew Sheppard Local Law Enforcement Hate Crimes Prevention Act is centered on combating violent crime motivated by hate against a person’s race, religion, sexual orientation or disability – not on limiting constitutionally protected freedoms.

Thank you for contacting me about this important issue. Please do not hesitate to contact me in the future if I can ever be of assistance to you on this, or any other matter.

Sincerely,

Charles E. Schumer
United States Senator

I think we can all agree that prejudice – and violence based on prejudice – has no place in our society.

No. All we can agree is that criminal violence has not place in our society. To attempt to legislatively ban prejudice is to establish thoughtcrime.

To restore a measure of equal protection under the law to members of persecuted minorities,

No, that is not what this does. This establishes greater penalties for crimes which are “hate based” vs. other ones. This does not address monitories which are not being equally protected by the law (corrupt racist LEO's, etc.).

this bill would create grant programs to give local law enforcement agencies added capabilities and support in fighting violent crimes based on prejudice, including religious prejudice.

This has nothing to do with equal protection. This is preferential treatment.

Effectively, we're talking about affirmative action for the legal system. Next thing you know, there will be quotas.

The Matthew Sheppard Local Law Enforcement Hate Crimes Prevention Act is centered on combating violent crime motivated by hate against a person’s race, religion, sexual orientation or disability – not on limiting constitutionally protected freedoms.

Thoughtcrime.

Category: LJ Import
Tags: